Arshi Noor | Legistify

Arshi Noor
Answered on 27 Aug 2019

To be eligible for Software Copyright, the software must be original and, the creator must have used his/her skills and knowledge to create a unique software. A programme that can only create multiplication tables or algorithms is not eligible for Software Copyright in India. Any programme that has a technical effect cannot be copyrighted in India. Another eligibility criterion for obtaining Software Copyright in India is that the software must be filed published in India. If the work is first published anywhere outside India, the author must be an Indian citizen. The Copyright Act, 1957 grants Software Copyright and deals with the registration, infringement and rights under Software Copyright. However, if the software has a technical effect, a Patent can be obtained for the same under the Indian Patent Act, 1970. Rights Given To Author By Software Copyright In India Once the Software Copyright is done for a computer or mobile programme, the author/creator gets the following Intellectual Property Rights: Right to reproduce the work in any form and store it in any electronic form. Right to issue copies to the public. Right to display the software in public. Right to translate the work. Right to create any adaptation of the work. Right to sell or give on hire, or offer for sale or hire a copy of the computer program. However, the rights given under Software Copyright in India are limited in case the copy or adaption of the programme is done by an authorised person to utilise the software for the purpose it was created for, or to make backup copies to protect the software from loss or damage. A person who has written an original programme becomes the author of the software and the owner of Software Copyright. When the software is created by a team of individuals, all the creators become the owners of Software Copyright. Process Of Software Copyright Registration In India Software Copyright Registration in India is done with the Copyright Office. An application for Software Copyright must be filed with 3 copies of the published or unpublished work. The Software Copyright application is filed along with the prescribed fees. A diary number is allotted to the applicant, after which, the application is kept open for 1 month to receive any objections against the Software Copyright. After one month, the Software Copyright registration is granted and a notice of Copyright can be placed on the copies of such software. The Notice of Copyright can be displayed in the form of the © symbol, the year of first publication and the name of the owner of such Software Copyright.Read More

Posted on 19 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 23 Aug 2019

An author typically enters into a publishing contract in order to assign to the publisher the author's exclusive right to make copies of his or her original work of authorship. When an author is considering this kind of contract, he or she should try to retain as many rights inherent in copyright as possible. Another right author should be concerned with is the editing right. Numerous authors have signed publishing contracts with publishing houses, only to see their works transformed by the publishing house into something they would not have written. The right to control the cover art for a book is a right the author will rarely be able to retain. If you believe that the publisher has violated such agreement, you can file a copyright infringement suit against them with the help of an IPR lawyer in India.Read More

Posted on 12 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 11 Jul 2019

In India, violation of copyright occurs:- 1.When copyrighted work is sold or hired without authority to do so. 2.When copyrighted work is displayed or performed publicly. 3.When Infringed copies are distributed for trade and personal gains. 4.Public exhibition of infringed copies by way of trade prejudicial to the owner. 5.When Infringed copies are imported into India. READ: Copyright Laws in India For more clarification, you can consult our expert IPR lawyer in India who will help and advice you regarding your issue.Read More

Posted on 09 Jul 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 19 Jun 2019

With respect to your query, the legal opinion is as under:- (1) Please note that a trademark can be registered in country or internationally., Kindly check in the register of the trademark in India or USA or Internationally if the questioned trademark is registered or not. (2) The prior user of a trademark is given preference irrespective of later registration. (3) You can also collect evidence with complete information as to who is the prior user. (4) Based on the result of aforesaid advise, you may proceed with the registration.Read More

Posted on 18 Jun 2019 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 16 Jun 2019

With respect to your query, the legal opinion is as under: (1) Non Disclosure Agreement is a contract through which parties to contract agree not to disclose information covered by the agreement, typically used to protect any type of confidential and proprietary information or trade secrets. The provision of Contract Act applies to NDA. (2) Trade secrets are protected without registration, that is, trade secrets are protected without any procedural formalities, Consequently, a trade secret can be protected for an unlimited period of time. (3) There are, however, some conditions for the information to be considered a trade secret. these conditions vary from country to country, some general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement):- (a) The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question). (b) It must have commercial value because it is a secret. (c) It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).Read More

Posted on 14 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 11 Feb 2019

To get copyright registration for an artistic work relating to a public figure, a No Objection Certificate is required. You can hire an IPR lawyer in India to get an NOC from the PMO as the procedure can be a little tricky.  Under the Copyright Act, 1957, the following work can be copyrighted. Imaginative work including a canvas, a figure, a drawing (counting an outline, guide, graph or plan), an etching, a photo, a work of engineering or masterful craftsmanship, emotional work Scholarly work (counting PC programs, tables, arrangements and PC databases) Musical work (counting music and additionally graphical documentation) Sound recording Cinematograph film A Copyright registration application is filed along with copies of the work, after which a diary number is issued to the applicant. The Copyright registration application is kept open for the public to raise any objections for a period of 30 days. If no objection is received against the application, the Copyright Registrar registers the work. If any objections are raised, a reply can be sent to the Registrar. The Registrar can grant the Copyright or reject the application on the basis of reply to Copyright objection.Read More

Posted on 11 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The IPRs covered by the TRIPS Agreement are:Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)Trademarks, including service marks,Geographical indications including appellations of origin,Industrial designs,Patents including the protection of new varieties of plants,Layout-designs (topographies) of integrated circuits,Undisclosed information, including trade secrets and test data. Read More

Posted on 01 Jun 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

If you have registered your work as a copyright protected work, then you can issue legal notice and file a case for copying your work as the act of copying someone's work is infringement of copyright. In case you have not applied for copyright for your work yet, to protect your content further, you may file for a copyright application and safeguard against further misuse. Read More

Posted on 10 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Copyright can be enforced for commercial used of non propitiatory property. But as you claimed, you used the s/w for learning purpose only, then it is exempted from copyright or any other IPR LAW. you need not worry, if you have used it for knowledge, research or learning purpose. You write a letter to the concern authority of the Autodesk and let them know that, what was your purpose behind using the previous version and now you do not require it. Even if they did not act or reacted to your letter/email and forced to to buy the licensed copy then you can use this letter/email as an evidence to show your bonafideness in Court. Read More

Posted on 16 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

This depends on what type of work you are writing or putting on your company website, how you are using the borrowed material, and the expectations of your instructor. First, you have to think about how you want to identify your sources. If your sources are very important to your ideas, you should mention the author and work in a sentence that introduces your citation. If, however, you are only citing the source to make a minor point, you may consider using parenthetical references, footnotes, or endnotes. Everything Printed or Published is Copyrighted Everything printed, published, recorded, or “fixed” in a permanent form is copyrighted. That’s the international law and standards, simplified. This applies to words, photographs, graphics, images, audio, and other visual media. This doesn’t mean that you can’t copy and use the content. It does mean you can use it under certain restrictions and guidelines. Here are some tips for dealing with potential copyright protected content when converting from a newsletter to a blog. Free-to-Use: Free-to-Use typically means that while you are free to use this however you want, it may not mean you can just do whatever you want with the content. There may or may not be conditions on that use such as private and personal use, not commercial, not on sites with ads, not for resale, and must include link credit back to the source. Check the copyright policy or ask to determine what conditions they have on “free-to-use”. Buy-to-Use: Content, including photographs, can be purchased for use, but what are the conditions of that purchase and use? Does it mean one time only in a specific usage? Or repeated usage in any way, shape, or form for as long as you both shall live? Find out the fine print before you buy so you use it properly, as a purchase agreement can be interpreted as a contract. Which Usage Permitted? How is the content meant to be used? Is it only for print, within newsletters, or can it be published on the web as well? Some content may have restrictions on how and where you can use it. Just because you got permission to use it in a newsletter does not mean the content has permission to be published on the web. If You Can’t Use It, Can You Link to It? If you cannot use the full content, you do have other options if you want to still point readers and members to the source. Under Copyright Fair Use guides, you may “quote” from a small portion of the content with a link citing the original source. This is commonly called “block quoting”. Or, you can describe the content and include a link to direct readers to the source. Copy-cat Plagiarism: On the web, as in real life, copy-cats, copiers, and plagiarist are not welcome. Plagiarists caught after the fact tend to reflect poorly on the entire parent organization, not just on the plagiarist. Don’t risk it. Yes, it meant that all those cute cartoons, comics, graphics of working women, children, cats, and dogs, all had to be checked to see if they could be used on the web. Tedious, but if they wanted to use them, they had to check. Otherwise, they could not be used on their new blog. Getting Permission to Publish Content on the Web For this particular association, the non-original content on their newsletter came from a wide variety of resources. Flyers and brochures found at conferences, conventions, classes, and business training offices, online sources, books of all ages, and from other newsletter sources. Online content can be easy to search for to find their copyright policy. It may say yes. Printed material, however, may involve looking for a policy statement in their copyright notice, or calling or email them for permission. The same applies to schools and training offices which provide educational material. One such pamphlet the newsletter editor typed up and posted in their newsletter came from a training office. “They were handing them out free, so why can’t I publish this?” Just because you picked it up for free doesn’t mean you have the right to publish the material. You have to have permission. If you cannot get permission, then you have these options: 1. Don’t publish it. 2. Use a small quote or reference and give them credit. Do not use the whole thing. 3. Rewrite the whole thing in your words, citing them as your “inspiration” and source of material. Don’t just change the words. Write it as if it was new from the start. Read More

Posted on 31 May 2017 | 1 Answer